As US Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS) continue to heighten immigration enforcement efforts around the country, and state legislative sessions enter their final days, immigrants and undocumented students, faculty, and staff on campuses around the country continue to find themselves in uncertain and unsettling waters and campuses are exercising caution and care to provide protection without jeopardizing state or federal funding. This blog post by NASPA Director of Policy Research and Advocacy Teri Lyn Hinds provides an update on federal and state actions relating to sanctuary campuses.

NASPA–Student Affairs Administrators in Higher Education conducted a landscape analysis of the use of predictive analytics by student affairs professionals at higher education institutions. Most student affairs divisions are collecting student engagement data and conducting needs, process, and outcomes assessments. NASPA’s research addressed the kinds of student engagement and behavioral data that are collected within student affairs departments and the extent to which institutions are using such data in predictive analytics models. The research also addressed the factors that influence institutions’ development of data analytics projects and how various resources are employed to collect the data and conduct the analyses.

While the Obama administration discontinued government contracts with companies associated with a lack of lender accountability and predatory practices, the Trump administration intends on renewing these contracts. This is yet another sign that the new administration intends to loosen regulations around lender accountability and borrower protections. Companies include: Pioneer Credit Recovery, Enterprise Recovery System, National Recoveries, and Cost Professional.

A recent 7th Circuit court ruling, Hively v. Ivy Tech, designates that the sex discrimination clause of Title VII of the Civil Rights Act of 1964 extends to sexual orientation and gender identity. This decision outlaws employment discrimination against LGBTQIA individuals, making it an important case for queer activists and equality in the workplace.

Corresponding with Sexual Assault Awareness Month, policymakers announced the creation of the Bipartisan Task Force to End Sexual Violence in early April. The taskforce is said to focus on issues of campus safety, data collection, and law enforcement training. Taskforce leaders include Ann Kuster (D), Patrick Meehan (R), and Jackie Speier (D).

Year-round Pell, which was repealed in 2012 as a measure to cut costs, has bipartisan support for reinstatement. Pell spending has stabilized since the cut, and both Speaker of the House, Paul Ryan, and Secretary of Education, Betsy DeVos have given support of reinstatement. At the same time, the Trump Administration has called for a $1.3 billion from Pell’s surplus this year, and a $3.9 billion reduction next year, so the sustainability of year-round Pell is still in question.

Many universities have expressed a growing concern around how travel ban executive orders may affect diversity, specifically international diversity, on campus. An amicus brief was recently filed that describes how the travel ban negatively affects institutions of higher education. The brief states that “international students directly contributed $32.8 billion to the United States economy and supported or contributed to the creation of 400,000 American jobs in the 2015-2016 academic year.”

Claremont Colleges student protesters interrupted a campus speaker last Thursday, where they prevented most of the audience from entering the event space. Heather MacDonald ended up livestreaming the presentation in an attempt to reach those unable to enter the venue. Similarly the Q&A period of MacDonald’s presentation was interrupted the day before at the University of California, Los Angeles. Student activists released a statement saying, “The way fascism is masked as ‘free speech’ is not any ‘normal exercise of constitutional power. White supremacists such as Heather MacDonald claim protection from free speech as an exercise of constitutional rights forgetting that the Constitution was created by slave owners.”

RELEVANT BILLS:

State Summaries

Bathroom Bills:

This past week, we have not seen movement regarding discriminatory “bathroom” legislation. To reiterate, last week, AR SB 774 was recommended for study on the interim committee on senate committee on the judiciary on 03/29/2017. TN HB 888 added a sponsor on 03/30/2017. MT HB 609 missed the deadline for referendum proposal transmittal on 03/31/2017. IL HB 664 was re-referred to the rules committee on 03/31/2017. During this legislative session, 16 states have introduced “bathroom bills,” with bills having failed to pass in SD, WY, and TN.

Sanctuary Campuses:

In the past few months, we have seen 11 states consider 18 pieces of anti-sanctuary legislation that would affect college campuses. 6 states have introduced sanctuary legislation that extends to college campuses. Of this legislation, 5 pieces (all in MS) have failed, and 19 are pending, with 3, NJ, CA, and IN having passed the 2nd chamber. MS SB 2710 was enacted on 03/27/2017. CA SB 54 passed assembly on 04/03/2017. NV SB 223 received notice of eligibility for exemption on 04/04/2017. TN HB 271 has been placed on the state government subcommittee calendar for 04/12/2017. IN SB 423 filed a motion to concur on 04/07/2017.

Guns on Campus:

Around 14 states are considering legislation concerning guns on campus. We see recent movement in OK, CA, GA, SC, and AR. AR SB 724 was enacted on 04/04/2017. GA HB 280 was sent to the Governor after passing the Senate on 04/05/2017. CA AB 424 was read a second time and ordered to be read a third on 04/06/2017. SC H 3930 was read a third time and sent to the Senate on 04/06/2017. OK HB 1550 was reported to pass the public safety committee on 04/06/2017.

-Committees: House-Judiciary; Energy and Commerce; Ways and Means; Financial Services; National Resources; Education and the Workforce; Veterans’ Affairs; Oversight and Government Reform

-Latest Action: 03/30/2017 Referred to the House Oversight and Government Reform

This bill was introduced to amend the Controlled Substances Act to reduce the gap between Federal and State marijuana policy. The proposed legislation affects the Higher Education Act (HEA), by through sec. 303 “Fair Access to Education” in which the HEA is amended to ensure eligibility to financial assistance in the case of a convicted misdemeanor offense of marijuana possession.

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